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HomeMy WebLinkAbout03/05/2012 Council Meeting Minutes MARCH 5, 2012 Minutes of a regular meeting of Council held on March 5, 2012 at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Deputy Chief, M. Berney Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Recreation Services Manager, S. Meredith Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring an interest with respect to Correspondence Item D - 4 and Item #42 of Report #1. ANNOUNCEMENTS Councillor Neal announced that he attended the following events:  “A River Runs Through Us” fundraising event on March 2, 2012  The Bowmanville Kinsmen Club’s Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall  Bev Oda’s4th Annual International Women’s Day Tea Council Meeting Minutes - 2 - March 5, 2012 Councillor Novak announced that she attended the following events:  A luncheon reception for the new Consul General, People’s Republic of China  “A River Runs Through Us” fundraising event on March 2, 2012  Bev Oda’s4th Annual International Women’s Day Tea Councillor Traill advised that she attended the Bowmanville Kinsmen Club’s Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall Councillor Woo announced that he attended the following events:  A luncheon reception for Fang Li, Consul General, People’s Republic of China. Councillor Woo stated that this was Mr. Li’s first trip outside of Toronto to Durham Region  The Bowmanville Kinsmen Club’s Hawaiian Pig Roast on March 3, 2012 at the Newcastle Community Hall  Epilepsy Durham Region – SuperDog Central Show on Sunday, March 4, 2012 Councillor Woo also advised of the grand opening of Wind Mobile in Bowmanville tomorrow. Councillor Hooper extended congratulations to the organizers of the “A River Runs Through Us” Gala for their successful fundraising event held on March 2, 2012 and to the Clarington Junior “C” Hockey team who have advanced to the next level playing for the Central Ontario Junior League Championship. Councillor Hooper announced the following:  The Clarington Older Adult Association will be hosting their Annual St. Patrick’s Day Luncheon on March 13, 2012  Angela Tibbles is the new Chairwoman of the Clarington Heritage Committee  He also attended Bev Oda’s4th Annual International Women’s Day Tea Mayor Foster announced the following:  The grand opening of Wind Mobile at 210 King Street East in Bowmanville tomorrow at 3:00 p.m.  Ontario Power Generation will proceed with the refurbishment of four reactors. He will send a letter to the Minister expressing Council’s delight on the firm decision of nuclear refurbishment going forward  He expressed appreciation to Inspector Chris Ostler, Durham Regional Police Services, who is moving on. He looks forward to working with Rolf Kluem, the new Inspector  He attended a breakfast and roundtable meeting on “The Big Move” the Role of Metrolinx and will be working closely with staff and the Mayor’s Office in Oshawa to move it forward Council Meeting Minutes - 3 - March 5, 2012  He advised of the success of “A River Runs Through Us” fundraising event, noting the organizers’ goal for the dinner was $30,000 and they raised $85,000, as well, a grant from the Trillium Foundation in the amount of $150,000 was announced  Tomorrow evening between 7:00 p.m. and 9:00 p.m., the Bowmanville Kinsmen Club will be hosting Mayor Foster and Mayor Henry from Oshawa at Maddy’s Pub  On March 9, 2012, the Driftwood Theatre will be on stage at the Trafalgar Castle in Whitby Resolution #C-080-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held February 13, 2012, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS There were no Delegations scheduled for this meeting. COMMUNICATIONS Resolution #C-081-12 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, “CARRIED” I - 1 Minutes of the Clarington Agricultural Advisory Committee dated February 9, 2012 I - 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 13, 2012 I - 3 Minutes of the Clarington Heritage Committee dated February 22, 2012 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated February 21, 2012 Council Meeting Minutes - 4 - March 5, 2012 I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural Affairs, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to the Golden Horseshoe Agriculture & Agri- Food Strategy, Food & Farming: An Action Plan 2021: “a) THAT the Golden Horseshoe Agriculture & Agri-Food Strategy, Food & Farming: An Action Plan 2021 Report, presented in Attachment 1 to Report #2012-P-7 of the Commissioner of Planning and Economic Development, be endorsed; b) THAT the Region of Durham support the formation of a Golden Horseshoe Food and Farming Alliance; and c) THAT a copy of Report #2012-P-7 be circulated to the area municipalities and Conservation Authorities within the Region of Durham, the Ministry of Agriculture Food and Rural Affairs, the Ministry of Municipal Affairs and Housing, the GTA Regional Municipalities, the Regional Municipality of Niagara, Cities of Hamilton and Toronto, the Durham Agricultural Advisory Committee and the Durham Federation of Agriculture, for information.” I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Dave Risebrough, Chair, Durham Agricultural Advisory Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Agricultural Advisory Committee (DAAC) Terms of Reference, 2011 Annual Report and 2012 Workplan: “a) THAT Report #2012-P-8 of the Commissioner of Planning and Economic Development be received as the Durham Agricultural Advisory Committee’s 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Agricultural Advisory Committee, be approved, as outlined in Attachment 1 to Report #2012-P-8; c) THAT the 2012 Durham Agricultural Advisory Committee Workplan, as outlined in Attachment 2 to Report #2012-P-8, be approved; and d) THAT a copy of Report #2012-P-8 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the area municipalities.” Council Meeting Minutes - 5 - March 5, 2012 I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Karen McDonald, Chair, Durham Environmental Advisory Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Environmental Advisory Committee (DEAC) Terms of Reference, 2011 Annual Report and 2012 Workplan: “a) THAT Report #2012-P-9 of the Commissioner of Planning and Economic Development be received as the Durham Environmental Advisory Committee’s 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Environmental Advisory Committee, be approved, as outlined in Attachment 1 to Report #2012-P-9; c) THAT the 2012 Durham Environmental Advisory Committee Workplan, as outlined in Attachment 2 to Report #2012-P-9, be approved; and d) THAT a copy of Report #2012-P-9 be forwarded to the Durham Environmental Advisory Committee and the area municipalities.” I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton, Chair, Durham Trail Coordinating Committee, advising that on February 15, 2012, Regional Council adopted the following resolution pertaining to Durham Trail Co-Ordinating Committee (DTCC) 2011 Annual Report and 2012 Workplan: “a) THAT Report #2012-P-10 of the Commissioner of Planning and Economic Development be received as the Durham Trail Co-ordinating Committee’s 2011 annual report; b) THAT the revisions to the Terms of Reference for the Durham Trail Co- ordinating Committee, be approved, as outlined in Attachment 1 to Report #2012-P-10; c) THAT the 2012 Durham Trail Co-ordinating Committee Workplan, as outlined in Attachment 2 to Report #2012-P-10, be approved; and d) THAT a copy of Report #2012-P-10 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities.” I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on February 15, 2012, Regional Council adopted the following resolution pertaining to Revised Energy from Waste – Waste Management Advisory Committee Terms of Reference: Council Meeting Minutes - 6 - March 5, 2012 “a) THAT the revised Terms of Reference for the Energy from Waste – Waste Management Advisory Committee be approved; and b) THAT a copy of Report No. 2012-WR-1 of the Commissioner of Works and the revised Energy from Waste – Waste Management Advisory Committee Terms of Reference be forwarded to the Municipality of Clarington.” CORRESPONDENCE FOR DIRECTION Correspondence Item D –9 was received as a Hand-out. Resolution #C-082-12 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1, D - 2, D - 3 and D - 5 be approved as per the Agenda. “CARRIED” D - 1 Derrick Mckay, Race Director, Courtice Kids Multisport Series, advising of th the 6 Annual “Courtice Kids of Steel Triathlon” to be held on Sunday, August 19, 2012, and requesting permission to close Nash Road from 8:30 a.m. until 11:30 a.m. The organizer has advised that appropriate insurance is in place and road closure permits for Courtice Road will be obtained. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Donna McAllister, President, PFLAG Canada, Durham Region requesting May 17, 2012, be proclaimed “International Day Against Homophobia/Transphobia” to send a message of tolerance, openness and hope and to combat homophobia and discrimination based on sexual orientation; and, requesting permission to fly the Rainbow Flag on one of the Municipality’s flagpoles. (Proclaimed and approval granted for the flying of the Rainbow Flag) D - 3 Donald George Duthie, Maj. (ret), Committee Chairman, 172 Clarington Squadron, Royal Canadian Air Cadets, requesting permission to hold Spring Tagging days from Thursday, May 3 to Sunday, May 6, 2012. (Tag Days approved for May 3 to May 6, 2012) Council Meeting Minutes - 7 - March 5, 2012 D - 5 Jisha Jacob, Branch Council, Canadian Red Cross, Region of Durham, requesting that the month of March be proclaimed “Red Cross Month” to increase public awareness and gain support for Red Cross programs and services; and, requesting that the Red Cross flag be flown during the month of March on a Clarington flag post. (Proclaimed and approval granted for the flying of the Red Cross flag) D - 4 Garth Gilpin, Secretary Treasurer, Historic Downtown Bowmanville Business Centre, requesting the closure of King Street from Scugog Street to George Street (except for Christmas Moonlight Magic), Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking lot entrance to the Royal Bank parking lot and the 20 King Street East parking lot for the following 2012 events: Maple Festival and Friday, May 4, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 8:00 p.m. until Saturday, May 5, at 7:30 p.m. Summerfest Friday, June 22 at 4:00 p.m. (Temperance Street from King Street to Church Street) and as above on Saturday, June 23 from 5:00 a.m. until 7:00 p.m. The parking lot to be closed rd on June 23 only. August Moonlight Madness Friday, August 10, from 5:00 p.m. until August 11 at 12:30 a.m., as above. Apple Festival and Craft Sale Friday, October 12 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 8:00 p.m. until Saturday, October 13 at 8:00 p.m.; and, Council Meeting Minutes - 8 - March 5, 2012 Christmas Moonlight Magic Friday, December 7 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m. (King Street from Scugog Street to George Street and the parking lot will remain open during this event this year.) Councillor Hooper stated a pecuniary interest with respect to Correspondence Item D - 4 as he owns property in downtown Bowmanville, and left the Council Chambers during discussion and voting on this matter. Resolution #C-083-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the request for road closures from the Historic Downtown Bowmanville Business Centre for 2012 events be approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department. “CARRIED” Councillor Hooper returned to the meeting. D - 9 W. D. Manson, WDM Consultants, Project Manager, Land Development, Claret Investments Limited and 1361189 Ontario Limited, developers of Subdivision 18T-92014, north of Nash Road in the Hancock Neighbourhood, forwarding correspondence with respect to Item 2 of Report #1 – Ms. Racansky’s Municipal Water Service Connection, highlighting provisions of an executed Subdivision Agreement outlining the obligations of Claret Investments Limited and 1361189 Ontario Limited regarding rectifying any well water supply interferences caused by their development activities; advising of the conclusions of a Well Monitoring Report carried out by Golder Associates in 2008 which indicated that the water shortage on the Racansky property could not be reasonably attributed to construction activities; indicating that he is unaware of any hydrogeological report prepared by a suitably competent and accredited professional which disputes Golder’s conclusions; and, respectfully requesting that Council defeat GPA Resolution #113-12. Council Meeting Minutes - 9 - March 5, 2012 Resolution #C-084-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT W. D. Manson, WDM Consultants, Project Manager, Land Development, Claret Investments Limited and 1361189 Ontario Limited be advised of actions taken with respect to Item 2 of Report #1. “CARRIED” D - 6 Rai Scimone, Co-Ordinator, Cosmic Campout Music Festival, advising he is organizing an event to benefit both org4peace, a non-profit organization that assists orphaned children in Nepal and Clarington tourism to be held at 3388 Concession Road 3, Newcastle, on May 18, 19 and 20, 2012; indicating that the festival will showcase local musicians and feature an artisans village where local artists can display and sell their works; indicating that he has contacted Regional and Municipal staff to obtain necessary permits and insurance; advising that neighbours will be notified of the event; and, requesting that the Municipality grant an exemption to Clarington’s noise by-law to help make the festival a success and benefit local business and the community. Resolution #C-085-12 Moved by Councillor Woo, seconded by Councillor Novak THAT the request from Rai Scimone, Co-Ordinator, Cosmic Campout Music Festival, for an exemption to Clarington’s noise by-law be referred to staff. “CARRIED” D - 7 Toni Ellis, President, Ontario Urban Forest Council, forwarding correspondence to raise awareness of the environmental and economic fallout of the Emerald Ash Borer, an imported pest that has killed tens of thousands of ash trees; advising that currently, neither the Federal nor Provincial Governments are providing sufficient financial/management support to municipalities for the implementation of any part of an EAB program; and, forwarding the following resolution calling for a Federal and Provincial Role in Urban Forestry: “WHEREAS over 80% of Canadians now live in urban areas and have come to rely on the environmental, ecological and economic benefits of urban forests; Council Meeting Minutes - 10 - March 5, 2012 AND WHEREAS the health of Canadians is sustained by their urban forests which provide services through improving air quality, cooling city streets and buildings, acting as a windbreak, shading from harmful UV rays, and filtering storm water, as well as beautifying our communities; AND WHEREAS neither the federal nor provincial governments currently include urban forestry in their mandates except in a limited role with respect to exotic, invasive pests; AND WHEREAS the Canadian Food Inspection Agency has not been able to stop the spread of the Emerald Ash Borer throughout Ontario and Quebec; AND WHEREAS the Emerald Ash Borer is expected to cost Canadians over $2 Billion dollars in treatment and replanting; AND WHEREAS Canadian forestry programs and research are solely focused on industrial forests and do not at present include urban tree planting, appropriate species research, and insect control and management; AND WHEREAS other jurisdictions such as the United States Forest Service and the European Urban Forestry Research and Information Centre include urban forestry as a program and research area; AND WHEREAS Canada engages municipalities in a number of substantial infrastructure programs; THEREFORE BE IT RESOLVED that the Municipality of Clarington calls on the Federal and Provincial governments to take leadership roles in recognizing the need to support urban forestry, by establishing urban forestry mandates and programs which includes funding assistance to municipalities for the control and management of the Emerald Ash Borer - and any future significant imported diseases and insects - as well as the creation and funding of programs designed to support the on-going sustainable management of urban forests. BE IT FURTHER RESOLVED THAT all municipalities across Ontario be encouraged to endorse this proclamation and that this resolution be distributed to The Honourable Gerry Ritz, Minister of Agriculture and Agri- Food; The Honourable Joe Oliver, Minister of Natural Resources; The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities; The Honorable Jim Flaherty, Minister of Finance; Local Federal Member of Parliament Bev Oda, Honourable Michael Gravelle, Council Meeting Minutes - 11 - March 5, 2012 Minister of Natural Resources; Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing; Honourable Dwight Duncan, Minister of Finance; Local Provincial Member of the Ontario Legislature John O’Toole, Tim Hudak, MPP, Leader of Progressive Conservative Party of Ontario and the Opposition Party; Andrea Horvath, MPP, Leader of the New Democratic Party of Ontario; Association of Municipalities of Ontario; and the Federation of Canadian Municipalities. Resolution #C-086-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Ontario Urban Forest Council calling for a Federal and Provincial Role in Urban Forestry be endorsed, in principle. “CARRIED” D - 8 Donna Lepard expressing concern with the noise from the racetrack at Mosport and requesting that Council re-instate the curfew prohibiting racing prior to 10:00 a.m. on Sundays. Resolution #C-087-12 Moved by Councillor Partner, seconded by Councillor Novak THAT the request from Donna Lepard for re-instatement of the curfew prohibiting racing at Mosport prior to 10:00 a.m. on Sundays, be referred to staff for a report back to the next General Purpose and Administration Committee meeting. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 27, 2012. Resolution #C-088-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of February 27, 2012 be approved, with the exception of Items # 1(c), #2, #40, #42, #45, #46 and #47. “CARRIED” Council Meeting Minutes - 12 - March 5, 2012 Item #1(c) Resolution #C-089-12 Moved by Councillor Neal, seconded by Councillor Partner THAT Report OPD-001-12 – 2011 Winter Report be received for information; and THAT Council and staff have a Rural Roads Spring tour in order to view first-hand the deterioration of rural roads. “CARRIED” Item #2 Resolution #C-090-12 Moved by Councillor Novak, seconded by Councillor Woo THAT Ms. Racansky’s request for the Municipality to ask the Developer to pay for the private property work on her property necessary to connect the property to the municipal water service be denied. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Item #40 Resolution #C-091-12 Moved by Councillor Novak, seconded by Councillor Woo THAT Report CLD-008-12 be received; and Council Meeting Minutes - 13 - March 5, 2012 THAT the Procedural By-law be amended in section 4.9.1 to provide that should a Council or Committee meeting, regular or special, still be in session at 11:00 p.m., the meeting will reconvene the following Thursday at 3:00 p.m. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motions) Councillor Neal rose on a Point of Order stating that Councillor Novak’s comments did not address the date and time. Mayor Foster ruled that Councillor Novak’s comments were germane to the motion. Councillor Neal immediately appealed the ruling of the Chair. The Question “will the ruling of the Chair be sustained?” was put to a vote. The ruling of the Chair was sustained. Resolution #C-092-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-091-12 be amended to change the time of 3:00 p.m. to 4:30 p.m. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 14 - March 5, 2012 Resolution #C-093-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT the foregoing Resolution #C-091-12 be amended to change the time of 3:00 p.m. to 4:00 p.m. “MOTION CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Mayor Foster √ The foregoing Resolution #C-091-12 was then put to a vote and CARRIED AS AMENDED. Councillor Hooper stated a pecuniary interest with respect to Item #42 of Report #1 as he owns property in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Item #42 Resolution #C-094-12 Moved by Councillor Neal, seconded by Councillor Woo THAT Report FND-005-12 be received; THAT the 2012 Budget submission from the Board of Management for the Bowmanville Business Improvement Area be approved; and THAT the Board of Management for Bowmanville BIA be advised of Council’s decision. “CARRIED” Councillor Hooper returned to meeting. Council Meeting Minutes - 15 - March 5, 2012 Item #45 Resolution #C-095-12 Moved by Councillor Novak, seconded by Councillor Neal WHEREAS the Clarington Planning Services Department will be holding public meetings in rural Clarington as part of the Municipality’s “Public Engagement Strategy” component of the Official Plan Review to gather feedback for the Natural Heritage Systems and the Rural Countryside Discussion Papers; WHEREAS it is time to address the needs of rural landowners, including both farmers and rural property owners, by amending Clarington’s Zoning By-law to allow for greater flexibility that reflects the modern reality that many agriculturally and rurally based operations in Clarington now include various secondary uses; WHEREAS a “Zoning amendment to cover rural areas” has already been identified as an objective in Part II, “Planning for the Countryside” component of the Official Plan Review process in order to conform with Amendment 114 to the Region of Durham Official Plan, the Greenbelt Plan and the Provincial Policy Statement, 2005; AND WHEREAS promoting efficient government resource management is a desirable policy objective; NOW THEREFORE BE IT RESOLVED THAT the Clarington Planning Services Department expand the scope of the public consultation process that will be taking place as part of the Official Plan Review to collect additional feedback relevant to updating the Zoning By-law for the rural areas of the Municipality to allow greater flexibility for potential secondary uses to agriculture and non-agricultural uses; THAT an updating of the Zoning By-law for the rural areas of the Municipality to allow greater flexibility for potential secondary uses to agriculture and non-agricultural uses be commenced by the Clarington Planning Services Department no later than January, 2013; and THAT the Agricultural Advisory Committee be invited to provide input and collaborate with the Planning Services Department through the entire process of updating the Zoning By-law for the rural Clarington areas to allow for secondary uses to agriculture and non-agricultural uses. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motion) Council Meeting Minutes - 16 - March 5, 2012 Resolution #C-096-12 Moved by Councillor Novak, seconded by Councillor Woo THAT the foregoing Resolution #C-095-12 be amended by replacing the word “allow” with the word “consider” in Paragraphs 2, 6 and 7 and by replacing the word “allow” with the word “examine” in Paragraph 5. “CARRIEDON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ The foregoing Resolution #C-095-12 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ Resolution #C-097-12 Moved by Councillor Partner, seconded by Councillor Neal THAT Council recess for 15 minutes. “CARRIED” The meeting reconvened at 8:54 p.m. Council Meeting Minutes - 17 - March 5, 2012 Item #46 Resolution #C-098-12 Moved by Councillor Woo, seconded by Councillor Traill WHEREAS there have recently been several tragic events where workers have died or suffered serious injury in the workplace; WHEREAS in 1991, an Act Respecting a Day of Mourning for Persons Killed or Injured in the Workplace passed through all stages of the House of Commons and the Senate and received Royal Assent on February 1, 1991; th WHEREAS the Act proclaims April 28 of each year as a National Day of Mourning; and the Day of Mourning is also officially recognized in many countries through the world; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington join in paying respect to those working people who have died at the workplace, or suffered th injuries on the job, by proclaiming Saturday, April 28 as a “Day of Mourning”; th THAT the flags be lowered on April 28 in honour and remembrance of those killed in the workplace; and, THAT a ceremony be held by the cenotaph at the Municipal Administrative Centre. “CARRIED” Item #47 Resolution #C-099-12 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS the Ontario Federation of Agriculture which is Ontario’s largest farm organization has asked Premier McGuinty and the Provincial government to suspend the building of Industrial Wind Turbines across the province as of January 20, 2012; WHEREAS dozens of municipalities across this province have repeatedly asked for a moratorium on the construction of Industrial Wind Turbines until questions such as health concerns of people living in proximity to the Industrial Wind Turbines, proper setbacks of Industrial Wind Turbines, devaluation of neighbouring properties, decimation of the rural landscape, and destruction of wildlife habitats are properly studied and addressed; WHEREAS many of these municipalities have asked for the province to hand back the planning authority of Industrial Wind Turbines, but to no avail; and Council Meeting Minutes - 18 - March 5, 2012 WHEREAS the Ontario Auditor General has even tried to explain to this government the serious errors being made under the Green Energy Act with regards to more jobs being lost than created, the consumer and taxpayer subsidizing the Industrial Wind Turbine projects to create huge profits for large off-shore companies while making electricity very expensive for the citizens of this province, of the implications of decommissioning Industrial Wind Turbines twenty years from now; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington, along with all other municipalities across this province who share these concerns regarding the damaging and devastating repercussions within our communities, hereby request that the Premier invoke an immediate moratorium of one year, with yearly extensions as required on the construction of Industrial Wind Turbines within the Province of Ontario until the concerns noted above are properly studied and addressed; and FURTHER THAT this motion be forwarded to AMO, to all municipalities in the Province of Ontario, Premier McGuinty, Local Members of Provincial Parliament, the Minister of Energy and the Minister of Environment. “CARRIED” STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Resolution #C-100-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2012-013 to 2012-016 2012-013 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Halloway Holdings Ltd.) 2012-014 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1804603 Ontario Inc.) 2012-015 Being a by-law to stop-up and close and to authorize the sale of part of a road allowance Council Meeting Minutes - 19 - March 5, 2012 2012-016 Being a by-law to amend By-law 2011-016, a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees; and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Hooper stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law, and left the Council Chambers during discussion and voting on this matter. CONFIRMING BY-LAW Resolution #C-101-12 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By-law 2012-017, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 5 day of March, 2012; and THAT the said by-law be approved. “CARRIED” Councillor Hooper returned to the meeting. Council Meeting Minutes - 20 - March 5, 2012 ADJOURNMENT Resolution #C-101-12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 8:58 p.m. "CARRIED" MAYOR LERK